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Saturday, January 27, 2007

Government seeks dismissal of NSA case

As we knew they would, the Government has moved to dismiss the lawsuit against the NSA wiretapping program on the grounds that the issue is now moot:

A lawsuit challenging the legality of the National Security Agency's warrantless surveillance program should be thrown out because the government is now conducting the wiretaps under the authority of a secret intelligence court, according to court papers filed by the Justice Department yesterday.

In a filing with the U.S. Court of Appeals for the 6th Circuit, in Cincinnati, Justice Department lawyers said the lawsuit of the American Civil Liberties Union and other plaintiffs -- which received a favorable ruling from a federal judge in Detroit -- should be considered moot because the case "no longer has any live significance."


Unfortunately, I fear the Court may agree to dismiss the suit in order to avoid a Constitutional crisis. That will leave the Bushies free to resume the illegal spying without telling anyone they are doing so. How long did it take the NY Times to get the first story? This time, they'll be gone before the Times can put it together.

Question: Can the President be tried once he leaves office for crimes committed while in office? I assume the answer is yes, but I doubt anyone will go after him.

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